1. Chapter 19: The Federal Courts
    1. Section 1 Objectives
      1. Differentiate between original and appellate jurisdiction in the federal court system noting the kinds and affects of decisions that can be rendered.
      2. Explain the four principles of the American legal system.
      3. Define criminal law and civil law.
      1. Jurisdiction of the Courts
      2. Definition of Judiciary - A dual court system where each state has their own courts established by state constitutions and state laws; and the federal government establishes their courts in federal constitutions and laws.
        1. Federal Court Jurisdiction
          1. Jurisdiction - the right to hear and decide a case
          2. Two factors determine the jurisdiction of federal courts
            1. Subject Matter of a case
            2. Parties involved in a case
              1. Ambassadors and other representatives of foreign governments
              2. Two or more state governments
              3. The United States Government or one of its offices and agencies
              4. Citizens of different states
              5. A state and a citizen of a different state
              6. citizens of the same state claiming lands under grants of different states
              7. A state or its citizens and a foreign country or its citizens
          3. Also has jurisdiction in cases involving admiralty or maritime law and bankruptcy
        2. Concurrent Jurisdiction
          1. When both federal and state courts have jurisdiction
          2. Ex. Citizens of different states suing another for an amount over $10,000
        3. Original and Appellate Jurisdiction
          1. Court where a case is originally tried is known as the trial court
          2. In the federal court system district courts primarily have original jurisdiction - The right to hear the case first.
          3. In the federal court system, appellate courts have been created to hear courts in their appellate jurisdiction - for the second or more time.
          4. Supreme Court has both original and appellate jurisdiction.
        4. The Federal Court Jurisdiction - deals with three types of Law
          1. Civil Law
            1. Disputes between two or more individuals or between individuals and the government
            2. Plaintiff - person who brings charges in a civil suit
            3. Defendant - person who the suit is brought against
            4. Plaintiff usually seeks money damages from the defendant
            5. May also seek an injunction or Writ of Mandamus based on Equity law
          2. Criminal Law
            1. The United States Government charges someone with breaking a federal law
            2. Prosecution - Always the government in a criminal case
          3. Constitutional Law
            1. Relating to the meaning and interpretation of the United States Constitution - Deciding whether or not a law or act of government is in conflict with the constitution
        5. Legal System Principles -- Four
          1. Equal Justice Under the Law
            1. The goal of the American Justice System to treat everyone fairly - The law is blind
            2. 5th through 8th amendment guarantee these specific rights
          2. Due Process of Law
            1. Means that the government must be fair in all that it does
            2. Substantive Due Process - the government must guarantee that the laws that govern the country are fair
            3. Procedural Due Process - the government must administer its laws fairly
          3. The Adversary System
            1. Courtrooms are arenas where lawyers for each side take opposing viewpoints and attempt to convince the court that they are right
            2. Do all that is legally possible to make their argument
            3. Some criticize saying that lawyers are more concerned about winning that justice
          4. Presumption of Innocence
            1. Innocent until proven guilty
            2. burden of proof falls on the prosecution
      3. Section 2 Objectives
        1. Describe the organizational structure of the national judiciary noting constitutional and legislative or special courts.
        2. Explain the different considerations that are made when selecting federal judges.
      4. Lower Federal Courts
        1. Constitutional Courts
          1. District Courts
            1. Created by the Judicial Act of 1789
            2. Are the trial courts of the Federal System
            3. Today there are 91 Districts in the U.S.
            4. Have 2 types of juries in criminal cases
              1. Grand Jury
                1. 16-23 people
                2. Determines whether or not there is enough evidence to bring a case to trial
              2. Petit Jury
                1. 6 or 12 people
                2. Weighs the evidence in a civil or criminal case
                3. Hear 80% of all federal cases
                4. Decisions may be appealed
          2. Officers of the Court
            1. District Attorney - one for each district
            2. United States Magistrate - issues warrants
            3. Bankruptcy Judge - One for each district
          3. Federal Court of Appeals
            1. 1891 Congress created the courts of appeals to lessen the workload of the Supreme Court
            2. 12 Judicial Circuits
            3. At least and usually 3 judges sit on each appeal case
            4. Have only Appellate Jurisdiction
            5. Three possible outcomes
              1. Uphold the decision of the lower court
              2. Reverse the decision of the lower court
              3. Send the court back to the district level to be retried
            6. Special Appellate court called the U.S. Court of Appeals for the Federal Circuit
              1. hears appeals cases from the Court of International Trade and the Legislative Courts
        2. Legislative Courts
          1. Created by Congress to help them exercise its powers as spelled out in the elastic clause - Virgin Islands and D.C. - Also called the Special Courts
          2. United States Claims Court - Someone suing the U.S. Government for money damages takes their case here.
          3. United States Tax Court -- Cases come from citizens who disagree with the judgments of the IRS
          4. Court of Military Appeals - Can review cases of Military law. Military cases usually end here
          5. Territorial Courts - for Virgin Islands, Guam, Northern Mariana Island, Puerto Rico. Equivalent to district courts.
          6. Courts of D.C. District court of Washington D.C. Handles civil and criminal cases as well as local courts.
          7. Court of Veterans Appeals - Deals with veteran's claims for benefits and other problems. Deals with unsettled claims
        3. Selection of Federal Judges
          1. Party Affiliation
            1. 99% of Ronald Reagan's appointments were from his own party
            2. When the president and Congress are the same party, it is likely that they will increase the number of judgeships
          2. Judicial Philosophy
            1. Presidents try to appoint judges who share their point of view
            2. Because federal judges serve for life, they view this as a way to maintain their influence long after they have left their office
          3. Senatorial Courtesy
            1. President submits the name of a candidate for judicial appointment to the senators from the candidate's state for approval before submitting it to the whole senate for approval
            2. Applies to district courts only
          4. Background of Federal Judges
            1. Legal Training
            2. Other achievements
            3. Previous experience
      5. Section 3 Objectives
        1. List the two instances where the Supreme Court has original jurisdiction.
        2. Analyze the selection process for the Supreme Court Justices noting the inherent powers of the office.
        3. Examine some pivotal Supreme Court cases which have helped to define individual rights.
      6. The Supreme Court
        1. Court of last resort in all questions of federal law
        2. Most cases heard are in its appellate jurisdiction
        3. Supreme Court Jurisdiction
          1. Has both original and appellate jurisdiction
          2. Article III section 2 sets out the Court's original jurisdiction as having two parts
            1. Cases involving representatives of foreign governments
            2. Certain cases in which a state is a party
            3. Congress may not expand or curtail the Court's original jurisdiction
            4. Averages less than 5 cases in original jurisdiction per year
          3. Most of the Court's cases come from it's appellate jurisdiction
        4. Supreme Court Justices
          1. 9 Justices
            1. Chief Justice
            2. 8 Associate Justices
            3. Congress sets the number and can change it. It has ranged from 5-10
          2. Duties of the Justices
            1. Not mentioned by the constitution
            2. Established by custom
            3. Main duty - hear and deciding cases
            4. 3 duties
              1. Choosing courses to hear from the thousands appealed each year
              2. Deciding cases themselves ( as in c above )
              3. Delivering the explanation for the decision ( opinions )
          3. Background of Justices
            1. More that 100 men and 1 woman
            2. Legal training
            3. Legal experience
            4. One former President ( Taft )
        5. Appointing Justices
          1. Appointed by President
          2. Approved by Senate
          3. American Bar Association Input and Ratings
          4. Interest Group Lobbying
          5. Justices write letters of recommendation and lobby for or against prospective candidates.

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